REAL ESTATE COUNCIL OF BRITISH COLUMBIA
In the matter of the Real Estate Services Act
S.B.C. 2004 ch. 42
AND in the matter of a Consent Order pursuant to Section 41 of the Real Estate Services Act
Respondent: DIVEN PRASAD KISUN
File: 07-415
Date of Consent Order: February 5, 2010
Issue: Diven Prasad Kisun, representative, Homelife Glenayre Realty Company Ltd., Abbotsford, entered into a Consent Order with the Council in which he consented to an Order that he committed professional misconduct within the meaning of section 35(1)(a) of the Real Estate Services Act in that he (a) with respect to Unit #208: (i) contravened sections 3-3(1)(a) and 3-4 of the Council Rules by failing to ensure that all parties to the said Contract signed the addendum dated July 15, 2006 deleting the original buyer RC and adding YC as the new buyer; (ii) contravened section 3-4 of the Council Rules in that he failed to ensure that the subject to financing clause in the original Contract of Purchase and Sale, which was to be removed on or before June 24, 2006, was extended in writing and agreed to by all parties to the said Contract when YC was added as a buyer by addendum dated July 15, 2006; (ii) contravened sections 3-3(1)(a) and 3-4 of the Council Rules by failing to state the amount of the deposit, or which deposit was being referred to in an addendum to the said Contract dated July 16, 2006, which addendum stated “deposit to be placed in Homelife Glenayre Realty trust account by July 23, 2006 ”; and (iv) contravened section 3-4 of the Council Rules in that he failed to ensure that there was an extension in writing to the said Contract with respect to the receipt of the second deposit, which was originally due on or before October 23, 2006 and which was not received until June 26, 2007; and (b) with respect to unit #209 (i) contravened sections 3-3(1)(a) and 3-4 of the Council Rules by failing to ensure that all parties to the said Contract signed the said addendum dated June 22, 2006, deleting the original buyer, AG and adding MY and/or nominee as the new buyer; and (ii) contravened section 3-4 of the Council Rules in that he failed to ensure that the subject to financing clause in the original Contract of Purchase and Sale dated June 4, 2006, which was to be removed on or before June 30, 2006, was extended in writing and agreed to by all parties to the said Contract of Purchase and Sale when MY was added as a buyer on or about June 22, 2006; and (c) with respect to unit 406 which later became unit #106: (i) contravened sections 3-3(1)(a) and 3-4 of the Council Rules by failing to ensure that all parties to the said Contract signed the addendum dated July 27, 2006 deleting the original buyer, RC and/or nominee and by adding the new buyers PZ and OC; (ii) contravened section 3-4 of the Council Rules in that he failed to ensure the subject to financing clause in the original Contract of Purchase and Sale, which was to be removed on or before June 24, 2006, was extended in writing and agreed to by all parties to the said Contract when PZ and OC were added as buyers in the addendum dated July 27, 2006; and (iii) contravened sections 3-3(1)(a) and 3-4 of the Council Rules by failing to state the amount of the deposit or which deposit was being referred to in the addendum to the said Contract which removed the subject to financing clause and which addendum stated “deposit cheque to be deposited in Homelife Glenayre in trust by August 1, 2006 ”.
Result: Diven Prasad Kisun was suspended for fourteen (14) days from March 31, 2010 to April 13, 2010 (inclusive) and was ordered to successfully complete the disciplinary education assignments applicable to Chapter 2 (The Real Estate Services Act) and Chapter 11 (Contracts for Real Estate Transactions) of the Real Estate Trading Services Licensing Course, to enrol in and attend the first available CPE course “Contracts: Keep on Top of Changes ”.
Result: Diven Prasad Kisun was ordered to pay enforcement expenses to the Council in the amount of $1,000.00.
P: Mar 12, 2010 R: Mar 12, 2015